JUDGMENT :

Adarsh Kumar Goel, J.

1. This appeal has been preferred against award of compensation of Rs.4 lakhs under Section 124A of the Railways Act, 1989 (1989 Act).

2. The respondent filed claim for compensation for death of her husband Jatan Gope in an ‘untoward incident’ on 20th August, 2002. Her case is that the deceased had purchased a ticket of second class for Karauta to Khusrupur by train No.532. He fell down from the train due to rush of passengers and died on the spot. One Kailash Gope who witnessed the deceased purchasing the ticket and boarding the train filed an affidavit stating these facts. He was not cross-examined. Case of the respondent is that the ticket was not recovered from possession of the deceased as it may have been lost somewhere.

3. The claim was contested by the appellant. It was stated that the deceased was not a passenger but was wandering near the railway track. Cousin of the deceased who lodged FIR stated the deceased was suffering from mental disorder and was wandering in that state of mind. However, he was not examined as a witness.

4. The Tribunal dismissed the claim on the ground that it was not a case of ‘untoward incident’ but a case of ‘run over